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(Court of Appeal; Buxton, Wall and Wilson LJJ; 3 April 2008)
In refusing the legal parents of the child's older half-sibling leave to apply for a residence order, the judge had given insufficient weight to the principle that half-siblings should be brought up together wherever possible. He had also given insufficient weight to the fact that the legal parents of the half-sibling had been assessed as being capable of caring for the child. The couple were entitled to have their case for residence heard.
The Red Book is the acknowledged authority on practice and procedure